dr. keith answering that. country superstar craig morgan is here to perform live. >> peter johnson, jr., thank you very much. see you tomorrow. >> thank you so much. have a great day! bill: good morning, everybody. there is a report up to a third of those who signed up through obamacare may think they have insurance and they actually do not. good morning, we'll explaining this now. i'm bill hemmer in america's newsroom. martha: that's a little scary. i'm martha maccallum. the president set out for an allout p.r. blitz. they are going to try to dominate the waves and stop the pleading from the rollout. this comes from the "washington post" saying errors generated by the healthcare website could

mean many people who think they have signed up for obamacare actually have not. that's because the glitchy website is sometimes sending the wrong information to the insurance companies. bill: the white house is still trying to put a happy face on this. >> the president believes the site has been significantly improved. and the teams in place have worked 24/7 to make those improvements including significant improvements that were made over the weekend. but the work is not done. what is the story this time? >> the story here is the percentage. the idea that maybe one in three of people who have completed the enrollment process haven't had their information conveyed to the insurance companies who are supposed to provide the coverage, then the doctors who are supposed to make the

determinations as to what's covered and what's paid for. we know about the dpliches for the so-called 834 reports. but the idea one of three could have a problem is a big deal. bill: that's the error rate? >> right. bill: if you believe you signed up in december and went to the doctor in the second week of january, you could show up they would say we have no record of you. that would be the error rate, would it not? >> the practical implications will is this. you will have people who show up, the doctors don't have any record of them, they don't know what plan these people signed up for. the procedures they want to have may or may not be covered. you are looking at the potential for chaos after january 1. the one up side of the problems the administration had with the website is there haven't been

that's completed enrollments. this problems affects tens of thousands of people. had the website been functioning the way it should have on the signup end the problem could have been worse. bill: there is a report about the president touting the website. does he go after republicans at this events do you think? >> i think he will in a more aggressive way than he has before. the law is working, it's benefiting some people, je yes, there have been problems but it's doing what he said sit would do. the second parts of the case -- the second part is thinking republicans have sabotaged the website and all the problems are

because of the efforts of the republicans. martha: there are new questions launched at the white house. people trying to sign on and we are still getting error messages. >> reporter: people are going on and still getting error messages. >> you are confusing error message with cueing message which is an entirely different thing. >> reporter: the goal is to enroll more people. if they are still waiting -- >> i would point you to the fact that more people are visiting the site and able to effectively go from beginning to end when it comes to enrolling than was the case in october and november. martha: getting tougher and tougher in there. accord together white house those directed to a cue on the obamacare site will get help at a later time.

>> reporter: the white house confirming president obama will soon become a customer of obamacare signing up using the federal plagued federal explaining. when that happens whether there are live cameras in the room have not been stated. so we thought it would be interesting from you today, what do you think? president obama has an issue signing up for health insurance? send us a tweet @billhemmer and martha maccallum. martha: i don't think there will be a live camera when he tries to sign on. martha: the holiday shopping season could be a whole new ballgame. this is very interesting. overall sales are down. but sales figures show that online retailers are surging

this holiday season and they are beating out the regular old stores. amazon.com reporting sales up 44% from last year. think about that. e-bay is up 32% year over year. ibm reports sales rose 18%. with people spending $2.2 billion on cyber monday. people are shopping online and they are shopping from their ipads and phones. this looks like a remaking of the retail sector in many way. >> reporter: it's a gigantic revolution in a how we shop and b how we shop. this long holiday thanksgiving

weekend has turned into a triumph for online selling. the bricks and mortars retailers are in real trouble and they have to respond to this. if you shop online, you are not fighting the crowd and traffic and each other as shoppers did last friday. there has been a surge in online selling. then you look at that statistic that i just had on the air. 29% of online sales were done through a mobile device. smart phones and that is tablets. that again is a revolution. and more and more of these smartphone tablet device are being sold so you can expect more and more shopping will be done on mobile devices. at target stores yesterday, 18% of total sales were ipads.

so they are selling in enormous numbers which we are going to use to shop online which enhances online shopping over the bricks and mortar. martha: bricks and mortar, they have overhead. they have a two-stop drop. so it makes you think about the economic model of storessen and mall and that kind of shopping. >> reporter: i think you will see some of the big names go out of business and starting almost immediately you will see some huge discounts at the traditional brick and mortar people as they try to catch up. martha: i heard so many people say gym imjust shopping online. i like to have a little bit of the christmas shopping experience. but it's changing dramatically. you are so right, stuart. bill: it's not just way we are

shopping that's change but the way purchases are sent to your home. amazon wants to start using drones in the next few years. on the hill they will hold hearings and whether there are issues with that. the faa involved. amazon's jeff bazos said it there happen. martha: thing will be dropping on people's head. bill: other than obamacare, no one else was talking about the drone delivering something to your front door. martha: the white house saying the healthcare website is moving at private sector velocity. you is it?

herman cain joins us coming up. bill: john cornyn says president obama has taken lying to a new level. you will hear his comments. martha: there are stunning details in the deadly train derailment in america's largest city. what we know about how fast that train was going when it took that curve. we are live on the scene. >> i heard a lot of crown cold fronting and grinding and i started seeing stars in front of my eyes, i thought, this is the end. 0

that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, they could save you in out-of-pocket medical costs. call today to request a free decision guide. with these types of plans, you'll be able to visit any doctor or hospital that accepts medicare patients... plus, there are no networks, and virtually no referrals needed. join the millions who have already enrolled in the only medicare supplement insurance plans

endorsed by aarp... and provided by unitedhealthcare insurance company, which has over 30 years of experience behind it. with all the good years ahead, look for the experience and commitment to go the distance with you. call now to request your free decision guide. martha: liberty university was suing over the requirement that employers offer healthcare that covers contraception. the high court has chosen not to heart appeal. that leaves a lower court rule be that dismissed that lawsuit

in place. bill where a progress report says while there is more work to be done the team is offering with private sector velocity and effectiveness. i spoke with herman cain about that earlier today. good morning to you in atlanta, georgia. private sector velocity. is that where we are? >> if you are talking about healthcare.com, no. private second store velocity would have had this working well. this has had a 3-year lead time to make it work. when the administration said they would have it working by december 1, now they say it's working better, that's not private sector velocity, not at all. harris: do you think a lot of people would have jobs at this

point? you are experienced in the private sector. that's how you made your living, that's how you made your money. why has no one been fired? >> reporter: because of no accountability. if they had been in the private sector number one they would not have chosen a primary vendor to build the system that had a track record of frail failure. that was the first mistake. there was also a cronyism because an executive of this company happened to be a classmate of michelle obama. but the main thing is in the private sector people would have been held accountable. if they didn't produce, they would have been gone. but from the government if people don't produce they put them on an extended vacation and slide them back in. lack of accountability is why they are not making any headway

with this system. bill: today the white house is trying to turn the events forward. they will hold and event per day up to christmastime. extolling the virtues of the affordable care act. what's your expectation of how that go? >> my expectation is it's not going to work. people are not as stupid as the administration thinks they are. here is the other thing that's wrong with that. these cancellation notices are not theory. they hit real people in very personal ways. and when real people have been hit in terms of cancellations of their health insurance premiums or increases, if they take the new so-called standard, that's very real. the rhetoric and remark thing and rebranding i don't believe is going to work at all this time around. bill: then take it past december, take it into 2014.

what happens to the law. >> the best thing that could happen is the president and the administration and the democrats man up and stop digging. there is an old saying when you are in a hole, stop digging. the "chicago tribune" said they ought to start over. if the president was serious about trying to work with republicans, stop dig be, start over and couple with one the american people can embrace. i don't believe that's going to happen based on their attempts to remark the and rebrand. what it means is there will be a lot of people, businesses and families that will suffer even because they get caught in what i call the obamacare gap, that's the gap between insurance they had and insurance they were trying to get through the exchanges or unfortunately some people are just going to go without insurance dales until

this mess gets figured out. bill: we are trying to figure out when that day is. >> you are going to hear the democratic surrogates come out and hit the republicans hard. they will say you don't have an option on this. you don't have an alternative. you are trying to bring this thing down. put on your political hat for a moment. how should republicans respond? >> first all to say the republicans don't have an alternative is the second biggest lie about obamacare. the republicans have had alternatives all the way back to 2009, you just didn't hear about it. there is one binl produced called hr2200 by representative price out of the georgia. it has 40 co-sponsors and the republican study committee is work on a version with over 100 sponsors. this administration

systematically tried to silence the media, particularly the mainstream media,. >> of them are trying to present the facted but you don't hear about these proposals. that's the second biggest lie that the republicans couldn't have proposals and yes they do. bill: herman cain out of atlanta. martha: 82 miles an hour in a 30-mile-per-hour zone. that's how fast the commuter train was going when it flew off the rails and killed four people. new reports of what the driver was doing at the time of impact. bill: tragedy in paradise. a man killed after a shark attack after the coast of no --e coast of maui. >> he was missing his foot and

calf. it was torn off to the bone. [ male announcer ] introducing red lober's seafood bakes. combinations of your favorite seafood from lobster to crab, shrimp and mussels in a savory broth. try one today, and sea food differently. now, try seven lunch choices at $7.99. sandwiches, sads and more.

bill: a deadly shark attack taking the life of a man in a kayak off the coast of maui. the shark about it the man the foot. his friend paddled him back to shore. >> in the distance there was a man in a kayak waving to us and he started peddling over to us. we say was tethered to another kayak. there was a body and it didn't

look good. it had an odd tint to it and you realized there was something wrong. bill: this is the 13th time a shark attack has been reported so far this year in the state of hawaii. martha: sources telling fox news in the driver in a deadly train accident in new york, the driver may have been asleep. the train was going 50 miles an hour over the speed limit. a 17-year-old lost his father in this crash. >> not only was he my father. he was one of my closest friends. i came home, my mom wasn't there. she went down to see what was going on down there. and she came home, all my brothers came into my room, and

she said he's gone. martha: rick leventhal is on the scene. rick, what are we learn being what happened here? >> reporter: the "new york post" is reporting the engineer said he zoned out before the crash. but tmz is reporting the engineer said he fell asleep in the minutes before the train crashed. when he woke up it was too late to stop the train from hurtling off the tracks. he did not cut the brakes until 6 seconds before the derailment. and it was too late. it killed four people and injured 3. there are still three critical as of last night.

>> the preliminary information from the event recorders shows the train was traveling approximately 82 miles an hour as it went into a 30-mile-an-hour curve. >> reporter: rockefeller, the engineer was take from the scene on a stretcher. he was released from the hospital yesterday. he was tested for drugs and alcohol and his cell phone was koon fist skate. they have seen ad his phone record. and it appears he may have dozed off before this crash. martha: the ntsb is not the only agency investigating this, right? >> there are two police agencies conducting parallel investigation to the ntsb to determine if a crime had been committed. the ntsb is not a law enforcement agency. sod the detectives with the nypd

are collecting information on their own. they issued subpoenas for the engineers blood samples and cell phone. even if there is no criminal intent the ntsb already determined the train was speeding. the train should not have been going more than 70 miles an hour on the tracks before that curve and into the curve it should have been doing 30, and as you reported the train was doing 82 miles an hour before it went off the rails. bill: the young man was talking about how the family was together for the thanksgiving weekend. martha: a tough tripler to most those families. bill: a lot of anxious eyes focused on detroit. we are minutes away from a key ruling on whether the motor city

will be allowed to continue its bankruptcy filing. peel have more on what's at stake for that great american town. martha: one senator accusing president obama and his administration of lying. bob and andrea here to take this on. >> i think the current administration has taken lying to a new level.

martha: texas senator john cornyn saying this during a google hangout session yesterday. >> i think the current administration has taken lying to a new level. to me that's the one thing i find most aggravating about what's happening in washington these days, and particularly about this administration which is a lack of accountability and the willingness to mislead people and provide false information and expect to be able to move on. we have seen that most recently in the healthcare debate over if you like what you have you can keep it. something we can go back to 2010 and demonstrate something the health and human services knew was false. martha: i'm joined by our friend

bob bebl -- by bob beckel and aa tantaros. >> things like watergate, iran can extra --iran-contra. obama campaigned on trabs parent i. when you campaign on transparency you will be grade on transparency. you have got to be careful what you say when you are in an election. when you say it's going to be the most transparent administration in history you will be held to that standard. >> what about calling the president a liar. is that okay? i think so. i know bob you don't like it. i'm wondering what bob had for

breakfast because i'm nodding my head. i think there is a high bar set by the president. when i worked in washington, d.c., we figured out every way to call our opponent anything but a liar. however, during this last presidential election president obama actually used the term and their staff did on his campaign. it shocked a lot of people that they went there first. now that that bar has been lowered and they are calling each other a liar, i do think it's fair. and either they are grossly incompetent or they are deceitful. either way the credibility has been lost. a lot of people gave him goodwill when oh came in to do obamacare. this touches him personally. >> you are touching on something that's important here. it's the way this president came into the white house and the person i think people believe

they elected. and it was something who stood for hope and change and who wasn't going to put up with the she ma --put up with the shenan. here is chris christie on this. >> what the president should do is to belly up to the bar and just tell the truth. the american people are a fairly forgiving lot. if you got it wrong, you got it wrong. but what they don't like is when they think you are dodging it. i think that's what the president looks like right now, that he's dodging it. >> i think he will learn a lesson himself about bellying up to the bar. but i think calling the president of the united states a liar, i have never done that in all my years as a commo could .t

on benghazi they have had 25 hearings. and the house has subpoena power. if they want somebody they say is not testifying they have seen a power to go back and get him. martha: i think they will go back to the president and look him in the eye and say if you like your doctor you can keep it. i remember saying it's clear, if you like what you have, you are going to be able to keep it. i told them that. friend i know don't have their doctors anymore. it wasn't true. they said it's multiple lies there. i i agree with bob. the president when he came in was very likeable. i think they are willing to not look at him as a liar.

but they have a huge problem. healthcare touches everybody. it's something people are savvy about. and i know you criticize chris christie, but look at his exit polls in knowledge there are where yobecome look at his exitn new jersey. whatever he meant that he said they believed him. he didn't always tell you what you wanted to hear but they believed him. >> when you run for president of the united states you are held to a different standard. i can't believe obama would have gotten out there. nobody should ever say period. now, whether -- if he knew in his mind that this was not going to happen. to go out there and say that is maliciously lying and i can't believe he did that. >> wouldn't you have someone fired? the same thing with the irs?

>> i have to defend the gay every day. compton, give me a break. martha: we are going to see where this goes. i think that image of him saying that. we'll see him 5,000 times a day in the mid-term elections. >> if he didn't lie, it's just accountability. i think that's what's missing. martha: it's a feeling the administration feels we know what's good for you. i think it might be more of that than lying. we'll see. >> the healthcare issue is personal and does come home. but you can't take what's happening today and fast forward it.

they might say you know what? kind of like the economy last time around. we'll see. thanks so much. bill: i have been hearing that line for 3 years. give me a break. fox news alert minutes away from an answer from spa bankrupt american. the motor city is struggling with $18 billion in debt. mike tobin is at the courthouse. what as expected today. good morning. judge steven road is expected to rule on two points. the first point is whether the city is insolvent.

the second point is whether the city negotiated in good faith. that is a little more subjective. attorneys representing pensioners say they were in talks with the city. so we'll watch that. if the judge rules that the city is eligible to move forward with bankruptcy protection they move forward with what's called the plan of adjustment, the largest debt restructuring of a municipality in u.s. history. if the judge says the city is not eligible for bankruptcy, the city gets flooded with a new round of lawsuits from creditors and the motor city has one big problem. bill: what's the chance those people lose their retirement in this deal? >> reporter: that's the issue that brought the demonstrators out. it boils town to a challenge between michigan law and federal

law. federal law says all creditors are to be treated equally. the city would have the same obligation to xyz bank. so it remains to be seen that the judge will be able to set aside 23,000-plus pensioners and offer them some protection. thank you, mike. >> they just got what was widely described as a sweetheart deal on their outjar program. now iran would apparently like more on that deal. bill: what police are ruling out in the death of paul walker. >> the fast and furious movie, he was coming to car meet and stuff like that. >> he was a great actor, a great

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martha: a farm worker is still missing. it's believed he could be trapped under the tons of grain that spilled out. the cause of that crash is under investigation. bill: iran says it need more nuclear power plants. john bolton is spend something time this week in london. with this part of the deal, why does it want more nuclear power plants? >> this is something iran has been saying for 10 years.

the idea is it's part of the just justification for why they need an extensive uranium enrichment capability. if they build another dozen nuclear power plants they have to have enriched uranium fuel for it. by saying they will go ahead with these plans they are laying the ground work'only not to cut back the uranium enrichment capability they have but to expand it. and that obviously leaves them in a very, very substantial way much closer to being able to take uranium that's been enriched to reactor grade and enrich it the next couple steps up to weapons grade. bill: do you know in the deal we did with iran the last 10 days whether the united states can prevent iran from building a nuclear power plant? >> no, absolutely not.

it come templates in two separate references in what's called the joint plan of action signed in geneva that all of the parties including the united states contemplate that the final deal will allow iran to have a uranium enrichment program. the iranians have said it's all peaceful. but by acknowledging they can have any uranium enrichment ability at all. that's where this statement about wanting another dozen nuclear reactors comes in because that's the basis for iran then to say well with this' of our power relying on nuclear energy we have to have fuel for it. so it's a chicken and egg situation for the government in tehran. bill: this stories popped up, i guess it was iranian media, the administration says it's not true. it's suggesting president obama

wants to visit tehran. do you believe it and do you think it will ever happen? >> i don't believe it because it would be outrageous if the president signals this opportunity. we don't negotiate with terrorists so the notion of a state visit to tehran would be disaster in terms of the confidence our allies have in us there and around the world. bill: jimmy carter was there in 1977, 1978 under the shah before the revolution. madeleine albright went to north korea, did that get is anywhere under the clinton years? >> i put that down as madeleine

albright's most embarrassing moments. you we know they were contemplating the possibility of bill clinton going to pyongyang before his term expired. but this potential trip to tehran would take the cakes. even worse than bill clinton going to north korea. bill: thank you for your time today. martha: there are new numbers just released on the leading, math and science scores of children around the world. where does the united states rank? stick around. bill: why the nfl will not air this commercial. >> for my family's safety is my highest priority. i am responsible for their

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it's gone viral online already. martha: disappointing news about america's education system. according to the latest survey when it comes to major subjects like math, reading and signs, u.s. teenagers fall ray behind their counter parts in asia and europe. gregg palkot is live in london to tell us more about these results. >> reporter: the international report card for schools is out. it comes from the well-regarded oedd. while we don't get an f it feels like a c. our teenagers are 20th in the world in reading skills and a as for math, 28 other countries are ahead of our teenagers. here is what they have to say about our results. >> at the end of the day quality

of outcome and quality of education can never exceed the quality of instruction. >> reporter: we have had a statement from the education secretary. he calls it a picture of stagnation. while things have not gotten worse. our rankings have split because others have gotten better'. chinese cities like beijing and hong kong lead the way. in a heating unglobal economy strong numbers. martha: we are spending more money, we have more technology being put into education than ever before so we are doing something wrong and we need to figure out what it is. so what do we do with this information? >> there is a lot to learn from this. you know a very important point. if we are spending more. we are spending more than most

of the countries in the world and we don't have enough to show for it. also the point is that radical change is possible. upstarred countries like finland and poland, they turn them around. they are using high standard and high regard for teachers. perhaps most hearting for the u.s. we are told many of these countries turning themselves around are using innovation that started in the u.s. but it's not just ideas, it's many implementation. martha: there are so many factors at play here. we'll talk about it in a good debate coming up. so we ask everybody to stick around. good to see you. bill: fox news alert. minutes from now house speaker john boehner on the obamacare reboot. you will see this in a matter of

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m'm! m'm! good.® >> we are wating -- waiting to hear from congress on obamacare. and we will go live once it is underway. and the white house is launching a blitz to try to save the site. president obama is set to do an event a day. we welcome you a brand new hour on the newsroom. it is december 3rd. >> 22 shopping days left. the president wail will talk about what the white house calls

the broader benefits of health care and drawing attention to the website and the fact that three days after the deadline the site has serious issues. today's event is just about to get started, right? >> we have a bit of time before it gets started, but with all of the focus on the website the folks want to turn to the attention of why obamacare was passed in the first place and n the idea of providing lifetime coverage. one person said there are enough benefits and they can focus on a different one over the next three weeks. >> what is absolutely the case is that private sector does some things very well and better than

the government and running effective website's is one of them. the affordable care act demonstrates it is important for the government to take action and do something the private sector has failed to do which is reduce the reflection rate in health care. >> carney says he is going to sign up for one of the exchanges but will not say when. >> there are signs that the online enrolling isn't the only problem we are learning about today. >> there maybe in fact a more serious problem with the information provided to the insurance companies like who the person is, their plan, their social security numbers, their dependents. but there is an evidence to show

it maybe corrupted. >> if the insurance companies can't verify who is enrolling that is at a problem. >> the center for medicare said there was a glitch-kicking out social security numbers but that has been fixed. others are worried it hasn't been tested to withstand hackers >> you have to worry about security even if you manage to sign up. the chairman of the house security says the level of cyber security isn't up to par for a

minimal standard. >> this is hit thousands a day by people trying to get in. they have no effort to try to monitor that. you are encouraging people to go to a site that our own government knows isn't private. they collect tax information that criminals could use for scams. >> they say you should build the security platform first so customers and consumer trust you and your product. >> the president will try to sign up on the federal exchange.

do you think it will be smooth? send us a tweet and let you know what you think about the president's exercise in trying to sign up. >> when speaker boehner did this about a week ago it took about a couple hours. >> i think it is going to go smoothly when the president tries >> hearing on the hill about how the president has handled this. the house is looking to see if the president violated constitutional rulings. >> you can expect the tone to be tough today. look at what house chairman bob said quote president obama has disregarded the mandates and changed key provisions without

approval and failed to enforce immigration and drug laws. it is apparent, he says, that the president's vested interest is in the interest of his own agenda. you can expect democrats to take up for the president. >> who are the witnesses on this? >> familiar faces from cable news. johnat johnathan long and looking at the extent or range of executive power in the american political system. >> those cable pun people are

good for something. >> the obama administration is laying out some environmental policies. among all of the new epa regulations, what are the critics fearful of? >> they would regulate much of the water in the united states but it would go beyond regulation on private property. something congressional critics say threaten private property rights. >> they want to control the private use of water on private property. they have done so without letting their science board

weigh in. >> this isn't the first time that congress has raised question about the science hiepd behind the vigor. epa has ignored congress's request for the data behind the clean air acts that might cause businesses up to $90. they promised to provide that data, but now the science committee has had to issue a subpoena. >> one of the concerns i have is resources continue to be challenged and challenged and congress is continuing to challenge us on the house side. >> smith says he might issue more subpoenas. >> what about legal challenges?

>> there are a lot in the works, but the fate is in doubt. the washington, d.c. circuit court of appeals might be packed with judges who might not be inclined to rule against the president's judgment. there is a new report after the train wreck. the driver was asleep at the controls and the train was going 80 miles per hour when it flew off the tracks and that is 50 miles faster than the speed on the curve. four people died and several others were injured. we will bring more developments to you. >> very tough christmas coming for those families.

>> when president obama took office he took this oath -- >> i swear i will execute the office of president of the united states and will to the best of my ability preserve, protect, and defend the constitution of the united states. >> that was the second time around. and some are wondering if that was a broken promise. >> and a display at one of the world's most active volcanoes. >> we will hear from paul walker's family. >> i was close with my son. i am glad to say the last time i was with him he had a great t k talk.

i am devastated. martin bashichelle bachman

>> as promised, speaker boehner with a weekly press con prferen. we begin with the house speaker. >> the republicans are focused on the economy and the fact is the american people want us to do everything we can to strengthen the economy. this week we will take further steps to strengthen the economy. the president's health care law continues to wreak havoc on small businesses, families and the economy. it isn't just a breck broken websi website. this is causing people to lose their plans and their doctors and pay higher prices.

house republicans will continue to listen to the people and try to focus on protecting them from a fundamentally flawed law. >> good morning. last week as working middle class families across the country tried to prepare for thanksgiving, the o administration tried to hide another delay of obamacare. just like right before the independence holiday they tried to hide the one-year business mandate. president obama and others have tried to hide what they knew about the website problems. they continue to try to hide problems on the back end of the website that is delivering information to insurers. they have tried to hide the security problems that exist

with the website. the president and house democrats tried to hide for years that millions of americans would lose the coverage they like. the president house democrats tried to hide for years that many americans will lose access to doctors, pediatricians, and even hospitals they chose. you have to ask what else are they hiding? obamacare is plagued with problems and every american deserving relief from it. this administration has to come clean and explain why and how americans are impacted by this law. this isn't helping americans. it is harming those people who need help the most right now. >> welcome back. >> so part of the republican leadership is they come out

talking about jobs and economy but immediate transition to the problems with obamacare. speaker boehner insisting the law is fundamentally flawed. we will hear from the white house as well this afternoon. >> so that hearing we told you about is set to get immediately underway. you have two witnesses testifying the president has violated his constitutional duty to uphold the law. we bring in michelle bachman to discuss this with us. good morning. good standoto have you here. >> good morning. >> what do you think of this hearing? >> i am happy to have two constitutional professors coming

in. the president's action are clearly unconstitutional. and we looked at having a resolution telling the president you cannot make these decisions. congress is a part of the government and you can not do whatever you want. the constitution limits the prepr president's power. another action is legal action. and that is filing a lawsuit to enjoin or stop the president of the united states from making whatever action he wants. one that was referenced by the ors was just before thanksgiving where the president knew about 50-100 million americans could have been set to lose their health insurance for small businesses. these delays all put off the

negative effects of obamacare until after the next election. this is political management and that is what the president is doing for the next two weeks. but we believe the constitution has to be respected >> i guess some people would look at this is say what took so long. a lot of the things you are discussing has been going on for several months. and it is getting morphed. i can people might look at it and say it is confusing >> it is confusing that how it done matters. under the constitution, we have to pass a law for the law to have legal effect. the president isn't wanting to do it that way. the president said if you like your health care plan you can

keep. that was a lie. and the president decide to legislate by press conference. congress said okay we will go along with you. but the president wants to reject the law and keep all of the options open. he doesn't want to be bound by any law and the constitution says no man is above the law including the president of the united states. and we as members of congress are making sure we will remind the president, even if it is through a law suit, he, too, must obey the law. >> it will be interesting to see how it plays out. the president, as everybody knows, was a constitutional law professor for many years. it would be interesting to hear his legal argument and why everything he has done is fine. and put that up against that

legal argument. >> i think the president would be unimpressed with what he hears today. he has rewritten the constitution himself as part of an effort to transform america. but we are a republic and members like myself will fight to keep it a constitutional republic. >> thank you, michelle bachman, for being with us this morning. >> always a pleasure. >> new concerns the white house may try to balance to budget on the back's of the military. >> and we will show you what happened with this bricking and entry. entry. hi honey, did you get e toaster cozy?

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>> a robbery caught on tape near detroit. you can see the dark color van pulling up and moments later this jeep slams into the store. this throbbers rushed inside. they go inside and grab as many pri pricey jackets as they can afford. smash and grab interesting plot. the police are hoping to watch these guys before they do it again. >> was that a cat standing in the window? >> i think that is a mannequin.

>> the pentagon wrestling with putting pay for troops on the table to deal with the budget cuts and restricting pay cuts and increasing out of health care cost and replacing the current retirement system is on the line. how are you, general? >> good to see you, bill. >> is this the easy way out? >> no, i don't think so. these cost have been skyrocketing for years. you have to put this on the

table or else we will have a well paid military that is too big to perform. >> such a small percentage of the population has been fighting this war on terror for 12 years and this is what they get? >> i think a lot of this would be grandfathered to be sure. but the health care cost just as it is in the private sector has been unaffordable for a number of years. so people have to do co-pavempas and do some of the care themselves. and when someone retires after 20 years we are paying them at 40 more years at half the pay. is that something we should do? >> you sound so practical about

th this. is the government doing it this way? >> in government, the military sacrifices more than any other sector of government given they are risking their lives. but we are well compensated and we need reform. in addition to cutting the size of the military and cutting become on equipment, we should look at reforms as well. >> thank you for coming in. >> take care, bill. >> you as well. there are now developments in the newtown school tragedy as we wait for the connecticut state police we will bring that to you when we get it.

>> and there are new claims that the white house is launching an all out blitz to change the conversation on obamacare. will they start with a major attack on republicans today? attack on republicans today?

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>> we are back with this news al alert and officials in newtown with set to release the 911 calls tomorrow. the state attorney general will

not appeal to decision after fighting for months to keep the recording under seal. the 20-year-old killed his mother first before driving to sandy hook elementary school where he shot and killed 26 peop people, mostly children, before taking his own life. today the president is lauf launching a pr event to try to change the conversation. steve haze believes the president is trying to shift the blame for the problems on the republicans. >> i think he is going to be more aggressive in his attacks on the republican saying the republicans have been sabotaging the work of the health care site. >> let's come back to that word

sabotage. how are you today? >> i am good, bill. >> you are not surprised by this move? >> birds have to fly. fish have to swim. the obama administration has to blame the republicans for all of the problems. this is the most error incapable presidents we have seen in a long time. i mind be more shocked if he didn't go on that rant. >> democrats are saying you are trying screw the whole thing up. taking insurance away from people who have not had it before. does that charge apply? >> the opposition charge applies. it is fair to say the

republicans have opposed obamacare and wanted to repeal it. that is all fine. but that is a far cry from sabotage. the main things the democrats point to as sabotage are governors refusing to sign up. both of those are allowed under the law. you cannot sabotage a law by adhering to it. and the obama administration ded defied the laws on the delays and they are the ones who have done it without looking at the law. but if is okay when democrats to do it. but it isn't okay for republicans to say there is anything wrong >> chicago tribune says the next three weeks are crucial and

there is a scramble to keep the website up and running. all of the more reasons for the president to delay the mandate people buy insurance or pay the penalty. >> president obama wants to move to washington when he leaves office he says. despite what he says in the mainstream media and the white house saying the website is fixed. we happ we know the back end isn't build or isn't work. it is like saying the plane works except the back 30-40%. it is possible they have to delay all of this. but prior to october 1, anyone who called for delay was called

an racist and extremist and those same people are being blamed for sabotaging a website they have nothing to do with. when you say president obama is going to stop the bleeding, but i don't think it is going to work. >> gallop did polling numbers and what did they find among people that signed up or tried to? >> they are finding the people that are more informed about the law are far more likely to disapprove of the law. people that don't know about the law are split. there is reason to believe that the mer they learn about it, the less they like it. i don't think another 30 speeches from the president is going to change that. >> the event is at 2:30 this

afternoon. big part of the administration's obamacare fix focuses on the healthy 25-35-year-olds and the success is hanging on if we can get these people to sign up for that. we have an update on how that is going. good morning, william. >> the good morning. the question is simple: does it make economic sense for a 28-year-old who is looking at car payment, rent, etc, wants to spend hundred or two hundred on insurance? >> if you are a young adult you

are covered. >> the numbers don't add up >> six or seven of my friends are uninsured. >> i am going to pay the fine >> average male 21-35 see as physician as little as once every two years >> most of them have zero health care cost. the median cost is o. >> women see them more frequently. having insurance might be the smart choice but isn't the best one economically. >> 85% will say no. there is a long tradition of the young people not buying insurance. >> obamacare needs 40% of enr l

enrollees to be in that age group. without them, the cost go up. >> the so-called exchanges will be filled with high cost patient and the government will have to subsidize them. >> what are the numbers right now? of the six states that are keeping score, only 28% or more than out of four is young and healthy. >> that is tough math. thank you, william. >> the big push to improve education in america isn't getting resolved. things are getting worse and america is sliding on the world's stage. >> and as a very famous volcano is putting on an impressive display and we will tell you where you can see that happening.

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>> i don't think he was writing about this one. putting on a light show here opening a new crater on the mountain's southeast side. europe's most active volcano on the island of sicily. they injuries reported. but they got quite a show. >> pretty cool, huh? i would like to go see that some day. put that on the list. america teenagers are lagging

behind in their numbers and we have to do something about it. there is a new study of test results finding we are below average. 35 others scored higher in math, 27 higher in science, 23 higher in reading. we used to be at the top of had list, folks. richa richard fouler and we have a former dean here. good morning. this is tough, richard the administration is doing the race to the top and duncan is trying to reform schools after everyone woke up to what is going on. and this makes it look like he is not doing it well.

>> we have to ask ourselves the why question. teaching should be one of the greatest professions. and they don't get paid enough. they should be making ceo salaries. they are doing ceo work and they are creating the future. students are trained to take a test, not reading, writing and math >> if they are training to take the test we are not training them well. and we throw more money at the united states education system than most of the schools from these countries are doing well. poland is doing well and not throwing a lot at the edge kaigz

money. >> if you are a good teacher and your performance is reflected you should be paid more. if you are a good teacher or bad teacher you have the same consequences. that doesn't give people incentives to go into teaching and it doesn't make people want to do a better job. you have to treat them as individuals >> i know tenor rules are changing and the unions are waking up that giving people a raise isn't making them do a better job. do you agree with that? >> i think there is a nuance to that argument. you cannot encourage the best and brightest minds to go into

the teacher when it has to be about test scores. you need the best and brightest to become teachers and that is why folks are saying if we want to recruit better teachers we have to pay better and get rid of the testing mindfra frame. >> the reform isn't working. we need to walk up and can't keep pointing fingers. it is not working. until you know you are an alcoholic, you have no hope at getting better >> what about vouchers? school choice? creating a market here where schools have to compete for each other? that is how the free market works. we keep throwing money at the educational system >> i want you to be honest about this. the possibility decline of american society. is that what we are seeing? i read about poland.

they have jumped up in this ranking and one of the education leaders there said well, we have had low technology, our schools are falling down, but because many of the older adults in the system grew up under communism they want better for their kids and want them to get ahead. so we are spending more money and going higher and higher in tech and it is failing us. can we get that incentive back into the our society again? >> i think we can, and i think what it boils down to is finding and educating a workforce of teachers you need folks with master's degrees and instilling the value of you do better than your parents and your kids better than you.

we have to have strong teachers >> if you don't have parents that are engaged and care about academics that is not going to work. >> huge tropic and we just scratched the surface. thank you and i hope you come back. >> jenna lee coming up in ten minutes. what are you cooking up? >> the white house chief of staff received a million visitors yesterday and could the folks enroll? that is what we are waiting on for the speech from the president. and new questions on the link between bpa and migraines. >> amazon wants to use unmanned drones but congress may have something to say about that. what concerns does it have?

the police have rolled out drag racing which they thought might have been a factor. >> 40 years young. spiegel of the word drones used to deliver packages, commerce want to learn about that. >> is going to be on safety and privacy. setting up his hearing for 2014 says he knows drones like this are the future, they will become an everyday part of life, but when they do, they need to follow the rules. they are warning as more businesses embrace this innovative and job creating technology, we must ensure the

laws and regulations keep pace. they will accept this technology only if they are certain privacy is protected and the senator proposing measure back in may forcing all unmanned vehicle owners to flash the names and phone numbers of the drones before taking off. the hearing coming sometime in the next couple of weeks. >> i am waiting for the delivery. better than the website. >> the website as a way to hear from president obama expected to hear from health care why we could be seeing him quite a bit, actually, maybe even every day heading toward the christmas holiday. honestno way did i think a tablet was gonna be a good deal.

you're talking to the guy who hasn't approved aew stapler purchase in three years. but then i saw the new windows tablet, with a real keyboard, usb port, and full office. it's a tablet that works for work. plus, it's got apps and games, for after hours, of course. compared to an ipad -- way more value. these tablets are such a steal; i couldn't find a reason not to buy them. ♪ honestly, i wanna see you be brave ♪

>> earlier we asked you do think it will be smooth sailing for the president when he signs up for obamacare be at >> the

american people will not see this, they will only see him sign up if it is successful. let's see if santa has that in mind. we will see you later. goodbye, everybody. jenna: we begin with a fox news alert going to the white house. we are awaiting the president's comments on obamacare. what will he say today as he in administration launches a new pr blitz touting the benefits of the affordable care act. more on that story moments from now. and right now, the top headlines, brand-new stories you will see here first. he won new concerns of conspirator systems on passenger planes. long considered historically low accident rates, but could automation be putting passengers in danger? plus, guns that are undetectable and you can make them yourself.